Last year, right holders in China have seen a number of major developments including; a milestone Supreme Court judgment dealing with trademark squatting, new specialized cyberspace courts, a new E-Commerce law, clarification on OEM trademark infringement; and the first court appeal granting registration of a sound mark. This year, further developments are expected with; the
In a recent judgment, China’s highest court, the Supreme People’s Court (“SPC”), dealt a significant blow to trademark squatters. The case is noteworthy for several reasons: First of all, the case was likely selected as a landmark case by the SPC, since the Court accepted to hear the retrial procedure, even though it fully maintained
Background. President-elect Donald Trump has joined the ranks of celebrities such as Allen Iverson, Michael Jordan -and even James Bond (!)- in taking up the hatchet against China’s notorious trademark squatters. These trademark squatters typically use and abuse the first-to-file rule: i.e. the first person to file for a mark (and not use a mark,
On 23 June 2016, the Guangdong Higher People’s Court handed down its long-awaited judgment in the New Balance/新百伦-case. In its judgment, the Court upheld the finding of trademark infringement by New Balance, but reduced the damages granted in first instance from RMB 98 million by nearly twenty-fold, to ‘only’ RMB 5 million (approximately USD 750,000).
China’s Supreme People’s Court (“SPC“) handed down its final judgment in the controversial Castel case. This judgment was long-awaited, as it provides the first SPC response to what can be called a ‘new generation’ of worrying trademark squatting cases. In the case at hand, the SPC seems to step up its efforts to fence in
The Beijing Higher People’s Court recently rejected a trademark application for the word mark “Kung Fu Panda”, filed by a trademark squatter, which was opposed by animation studio DreamWorks. Interestingly, the rejection was primarily based on DreamWork’s ‘merchandising right’. This is one of the most recent and strongest recognition of a merchandising right as a